Navigating Data Protection in Kenya: The Tightening Grip on Privacy Violations
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Navigating Data Protection in Kenya: The Tightening Grip on Privacy Violations

By Victor Orandi The Data Protection Act, enforced by the Office of the Data Protection Commissioner (ODPC), has been instrumental in regulating personal data collection, processing, and storage by private firms, government agencies, and county governments. Since enacting the Data Protection Regulations in February 2022, the ODPC has been vigilant in addressing privacy breaches. Private...

Usage of CCTV Systems in Compliance with the Data Protection Law in Kenya
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Usage of CCTV Systems in Compliance with the Data Protection Law in Kenya

By Victor Orandi A closed-circuit television (CCTV) is required in many businesses to ensure the safety of employees, visitors, and customers and the security of the premises. However, the use of CCTV cameras necessitates compliance with the Data Protection Act, 2019 (DPA) since such use involves processing personal data. Personal data encompasses all information that...

Registration for Data Controllers and Data Commissioners is Ongoing
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Registration for Data Controllers and Data Commissioners is Ongoing

By Victor Orandi  The registration for Data Controllers and Data Commissioners commenced on 14th July 2022. The Data Protection Act, 2019 and Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021 require that all public and private organizations and individuals that process personal data register with the Office of the Data Protection Commission...

The implementation of the Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021
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The implementation of the Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021

By Victor Orandi The Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021 specifies the procedure used by the ODPC to register the relevant individuals and companies as data controllers and data Processors in accordance with the DPA. The provisions of these Regulations will take effect from July 2022.  Who shall require to...

Obtaining Customers’ Data Consent for Marketing
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Obtaining Customers’ Data Consent for Marketing

By Victor Orandi The Data Protection Act (DPA) has changed the way that companies communicate with prospects and customers. Failure to comply with DPA can lead to hefty fines of up to Ksh. 5,000,000 or, in the case of an undertaking, not more than 1% of its annual turnover. The DPA applies to personal data,...

Recent Developments on Companies Collection Of Data
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Recent Developments on Companies Collection Of Data

By Victor Orandi On 25th November 2019, the Data Protection Act 2019 came into force in Kenya (DPA). The DPA establishes the Office of the Data Protection Commissioner, to be held by a Data Commissioner who the President will appoint. On 12th November 2020, the President appointed Ms Immaculate Kassait as Data Commissioner to the...

Data Commissioner: What Next For Businesses?
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Data Commissioner: What Next For Businesses?

By Victor Orandi On 25th November 2019, the Data Protection Act 2019 came into force in Kenya (DPA). The DPA applies in all sectors where personal data is being collected such as in digital marketing, fintech companies, insurance, financial services, and media by either individual or entities. It also imposes penalties for non-compliance of both...

eHealth; Telemedicine opportunities and challenges
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eHealth; Telemedicine opportunities and challenges

By Victor Orandi, Matthew Magare Adequate Healthcare is a global concern and Kenya is no exception. Increasingly the world is turning to ICT to improve healthcare service delivery. Kenya alongside other East African countries increasingly embraces telemedicine. Telemedicine can be defined as the provision of healthcare services, through ICT, whereby the health personnel and the...